Is it Illegal to Smoke or Vape With Kids in the Car in New York?

Can you get a ticket if you smoke or vape with a minor in the car in New York?

Most of us already know that smoking and vaping aren't things that anyone should ever start doing. I know that if there was one choice I could go back and change it would be the choice I made years ago to light up. It's one of my biggest regrets but being a smoker, one thing I have always made sure of is that when my kids are around I don't smoke or vape anywhere near them but does everyone make the same choice, and if they don't can they get in trouble legally?

Smoking in the Car with Kids

Unfortunately, we've all seen at one time or another while driving along in the Hudson Valley, you are behind a car and the driver throws a cigarette butt out the window and as you get closer you notice that there are kids in the car. Maybe you are driving on Route 9 and you pull up alongside a car and the driver is either smoking or vaping and there are kids strapped into their car seats in the back.

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We've all seen it and when we do most of us cringe and say to ourselves WHAT ARE YOU DOING? Some have actually rolled their windows down and yelled at the smoker across from them, we don't recommend doing that but is there any law that says adults can't smoke with kids in the car?

It's Legal in Almost All of New York

There is no law on the "books" that says it's illegal in most of New York State. Obviously, it's not recommended but it isn't against the law. There are currently 3 places in New York where you can get a ticket if a person is caught smoking in the car with minors. Erie County, the City of Schenectady, and Rockland County have instituted local laws that say if you're caught smoking in a vehicle with a child under the age of 18 you'll face a $50 fine for your first offense. If you are caught again each offense will go up in $50 increments.

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For many years politicians have tried to pass "bills" that would make it illegal but haven't been successful. Do you think New York should pass a law that makes it illegal to smoke or vape in the car with anyone under 18? Let us know through the Wolf Country app or by emailing me at CJ@HUDSONVALLEYCOUNTRY.COM.